1. Rule. With the consent of the parties made returnable forthwith and heard. This Petition takes exception to the order dated 12.9.2006, passed by the learned Civil Judge Senior Division, Dhule by which order, the Application exhibit 116, filed by the Respondents herein came to be partly allowed and resultantly the orders passed by the learned Civil Judge Junior Division, Dhule, in Regular Civil Suit no.337 of 1994, from 7.2.1998, till 18.7.2003 were declared to be null and void.

2. Such of the facts which are necessary to be cited are stated thus:-

The Petitioner is the Original Plaintiff who had filed Regular Civil Suit no. 337 of 1994, seeking vacant and peaceful possession of shop bearing no.2 in City Survey no. 1307 situated at lane no.4 Dhule and also for injunction against the Defendants from creating any third party interest in the Suit property. The Petitioner also claimed mesne profits and in the alternative damages. The suit was valued for jurisdiction at Rs.2,400/-. In the said Suit an order of temporary injunction came to be passed on 31.8.1994 against the Defendants i.e. the developers and the trustees of the Trust which owned the property in question. The Defendants were restrained from alienating the property in question. . After the said injunction came to be granted it was noticed by the Petitioner that one Parasmal Jain had painted the name of M/s. Sameer Medicals on the suit ship. According to the Petitioner the Suit shop was transferred by the Defendants inspite of the injunction operating against them. The Petitioner accordingly moved an Application and brought on record the events which had occurred after the filing of the Suit. The amendment Application of the Petitioner was allowed by the learned Civil Judge Senior Division, by order dated 2.2.1998. Thereafter the issues were framed by the Court on 7.2.1998. The hearing of the said Suit was adjourned from time to time and ultimately looking to the claim made in the suit, on account of the amendment the Court by its’ order dated 18.7.2003 directed the said Regular Civil Suit to be registered as a Special Civil Suit. Thereafter on 19.3.2004, the Defendants to the said Suit namely the Defendants nos. 3,4,7,8 and 9 filed Application Exhibit 116 and prayed for a declaration that the orders passed by the learned Civil Judge Junior Division after the amendment of the Suit be declared as null and void. The said declaration was stayed on the ground that looking to the claim made in the Suit, the learned Civil Judge Senior Division did not have the jurisdiction and therefore after the amendments were allowed by the learned Civil Judge Junior Division i.e. on 2.2.1998 all the orders passed in the said Suit were passed without jurisdiction. The said Application was resisted by the Petitioner by filing his reply which was numbered as exhibit 117. It was stated by the Petitioner in the said reply that the orders passed by the learned Civil Judge Junior Division would amount to an irregularity and not an inherent lack of jurisdiction. It was further averred that there is no prejudice caused to the Defendants however in order to prolong the matter an Application was filed. The said Application was considered by the learned Civil Judge Senior Division who by the impugned order dated 12.9.2006 partly allowed the said Application by ordering that the orders passed since 7.2.1998 till 18.7.2003 are null and void. The learned Judge, however refused the prayer for issuance of fresh summons by observing that the filing of the said Suit was within the knowledge of the Defendants. . As indicated above it is the said order dated 12.9.2006 which is impugned in the present Petition.

3. I have heard Shri P.M. Shah learned senior counsel appearing for the Petitioner and Shri Amol Sawant appearing for the Respondent no. 1 and Shri C.V. Korhalkar for the Respondent nos. 3,4 and 6. The learned senior counsel appearing for the Petitioner submitted that exercise of jurisdicti